Is Form DS-160 required?

The EB-2 NIW visa is an immigrant visa category that waives the job offer and labor certification requirements, being aimed at professionals with exceptional abilities or advanced degrees whose activities benefit the United States. It is important to understand that this process involves specific forms and protocols for immigration, different from those used for nonimmigrant visas.

In nonimmigrant visa processes, such as tourist, student, or temporary work visas, Form DS-160 is the standard document used to apply for these visas. However, in the case of the EB-2 NIW, which is a path to permanent residence, the procedure does not require the completion of the DS-160.

Instead, the applicant focuses on compiling evidence and completing other appropriate immigration forms, such as the I-140, which is the immigration petition. If a consular interview is required, usually the DS-260 will be requested, which is the form specific to immigrant visas.

It is essential to comply with United States immigration laws and ensure that all instructions are rigorously followed. Therefore, it is advisable to seek information from official sources, such as the Department of State website and the United States Citizenship and Immigration Services (USCIS), and to be cautious of services that promise ease or guarantees of results. This helps avoid scams or dubious marketing campaigns that can complicate the process.

Remember: each case has its particularities. Therefore, an individualized analysis is always the best strategy to ensure the proper preparation of your case.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.